Civil Partnership Bill [HL]

House of Commons

Session 2002 - 03
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Other Bills before Parliament

Civil Partnership Bill [HL]

Civil Partnership Bill [HL]
Schedule 17 — Financial relief in Northern Ireland after overseas dissolution etc. of a civil partnership
Part 2 — Steps to prevent avoidance prior to application for leave under paragraph 4
312

(b)
the court is satisfied that the disposition has had the consequence of
defeating a claim by the applicant.
      (3)
It shall be presumed, unless the contrary is shown, that the person who—
(a)
disposed of, or
(b)
is about to dispose of or deal with the property,
5

did so, or (as the case may be) is about to do so, with the intention of
defeating the applicant’s claim.
      (4)
A reference in this paragraph to defeating a claim by one of the civil partners
has the meaning given by paragraph 15(9).
Part 2
10
Steps to prevent avoidance prior to application for leave under paragraph 4
Prevention of transactions intended to defeat prospective claims under paragraphs 5 and 9
17    (1)
If it appears to the court, on application by one of the persons (“A”) who
formed a civil partnership—
(a)
that the civil partnership has been dissolved or annulled, or that the
15
civil partners have been legally separated, by means of judicial or
other proceedings in an overseas country,
(b)
that A intends to apply for leave to make an application for an order
under paragraph 9 as soon as he or she has been habitually resident
in Northern Ireland for the period of one year, and
20
(c)
that the other civil partner (“B”) is, with the intention of defeating A’s
claim, about to—
(i)
make any disposition, or
(ii)
transfer out of the jurisdiction, or otherwise deal with, any
property,
25

the court may make such order as it thinks fit for restraining B from taking
such action as is mentioned in paragraph (c).
      (2)
Sub-paragraph (1) applies even if the date of the dissolution, annulment or
legal separation is earlier than the date on which that sub-paragraph comes
into force.
30
      (3)
Sub-paragraph (4) applies where—
(a)
an application is made under sub-paragraph (1) with respect to—
(i)
a disposition which took place less than 3 years before the
date of the application, or
(ii)
a disposition or other dealing with property which is about to
35
take place, and
(b)
the court is satisfied that the disposition or other dealing would
(apart from this paragraph of this Schedule) have the consequence of
defeating a claim by the applicant.
      (4)
It shall be presumed, unless the contrary is shown, that the person who—
40
(a)
disposed of, or
(b)
is about to dispose of or deal with the property,

did so, or (as the case may be) is about to do so, with the intention of
defeating the applicant’s claim.
      (5)
A reference in this paragraph to defeating a person’s claim is a reference to
45
preventing financial relief being granted, or reducing the amount of

Civil Partnership Bill [HL]
Schedule 18 — Housing and tenancies: Northern Ireland
313

financial relief which might be granted, under paragraph 5 or 9 at the
instance of that person.
Part 3
Supplementary
Paragraphs 15 to 17: meaning of “disposition” and saving
5
18    (1)
In paragraphs 15 to 17 “disposition” does not include any provision
contained in a will or codicil but, with that exception, includes any
conveyance, assurance or gift of property of any description, whether made
by an instrument or otherwise.
      (2)
The provisions of paragraphs 15 to 17 are without prejudice to any power of
10
the court to grant injunctions under section 91 of the Judicature (Northern
Ireland) Act 1978 (c. 23).
Interpretation of Schedule
19
In this Schedule—

“the court” means the High Court;
15

“dwelling-house” includes—
(a)
any building, or part of a building, which is occupied as a
dwelling, and
(b)
any yard, garden, garage or outhouse belonging to, and
occupied with, the dwelling-house;
20

“overseas country” has the meaning given by paragraph 1(3).
Schedule 18
Section 205

Housing and tenancies: Northern Ireland
Rent (Northern Ireland) Order 1978 (S.I. 1978/1050 (N.I. 20))
1
In Article 14 (extended discretion of court), in paragraph (2), after “spouse”
25
(in both places) insert “or civil partner”.
2     (1)
Amend Schedule 1 (statutory tenants by succession) as follows.
      (2)
In paragraph 2, after “surviving spouse” insert “, or surviving civil partner,”.
      (3)
In paragraph 7, after “surviving spouse” insert “, or surviving civil partner,”.
3
In Schedule 4 (grounds for possession), in Case 3 in Part 1 (dwelling-house
30
required as residence for landlord or member of his family), in paragraph
(d), for “wife or husband” substitute “spouse or civil partner”.
Housing (Northern Ireland) Order 1981 (S.I. 1981/156 (N.I. 3))
4     (1)
Amend Article 2A (meaning of member of a person’s family) as follows.
      (2)
In paragraph (1)(a)—
35
(a)
after “spouse” insert “or civil partner”, and

Civil Partnership Bill [HL]
Schedule 18 — Housing and tenancies: Northern Ireland
314

(b)
after “live together as husband and wife” insert “or as if they were
civil partners”.
      (3)
In paragraph (2)(a), after “a relationship by marriage” insert “or civil
partnership”.
Housing (Northern Ireland) Order 1983 (S.I. 1983/1118 (N.I. 15))
5
5     (1)
In Article 24 (interpretation), amend paragraph (3) (meaning of member of
another’s family) as follows.
      (2)
After “spouse” insert “, civil partner”.
      (3)
After “marriage” insert “or civil partnership”.
      (4)
After “live together as husband and wife” insert “or as if they were civil
10
partners”.
6     (1)
Amend Article 26 (succession on death of tenant) as follows.
      (2)
In paragraph (2)(a), after “spouse” insert “or civil partner”.
      (3)
In paragraph (3)(a), after “spouse” insert “or civil partner”.
      (4)
In paragraph (4), for “paragraph (4A)” substitute “paragraphs (4A) and
15
(4B)”.
      (5)
After paragraph (4A) insert—
“(4B)
A tenant to whom the tenancy was assigned in pursuance of an order
under any of the following provisions of the Civil Partnership Act
2004—
20
(a)
Part 2 of Schedule 15; or
(b)
paragraph 9(2) or (3) of Schedule 17,

is a successor only if the other civil partner was a successor.”
7
In Article 32 (assignments), in paragraph (1), after sub-paragraph (a)
insert—
25
“(aa)
the assignment is made in pursuance of an order made under
Part 2 of Schedule 15, or paragraph 9(2) or (3) of Schedule 17,
to the Civil Partnership Act 2004; or”.
8
In Article 33 (other disposals), in paragraph (2), after sub-paragraph (a)
insert—
30
“(aa)
the vesting or other disposal is in pursuance of an order made
under Part 2 of Schedule 15, or paragraph 9(2) or (3) of
Schedule 17, to the Civil Partnership Act 2004; or”.
9
In Article 94 (subletting or assignment), in paragraph (2), after “1978” insert
“or Part 2 of Schedule 15, or paragraph 9(2) or (3) of Schedule 17, to the Civil
35
Partnership Act 2004”.
10
In Schedule 3 (grounds for possession of dwelling-houses let under secure
tenancies), in Ground 2A—
(a)
for “a married couple or” substitute “a married couple, a couple who
are civil partners of each other”, and
40
(b)
after “as husband and wife” insert “or a couple living together as if
they were civil partners”.

Civil Partnership Bill [HL]
Schedule 18 — Housing and tenancies: Northern Ireland
315

Housing (Northern Ireland) Order 2003 (S.I. 2003/412 (N.I. 2))
11    (1)
Amend Article 3 (meaning of a person’s family) as follows.
      (2)
In paragraph (1)(a)—
(a)
after “spouse” insert “or civil partner”, and
(b)
after “live together as husband and wife” insert “or as if they were
5
civil partners”.
      (3)
In paragraph (2)(a), after “a relationship by marriage” insert “or civil
partnership”.
12
In Article 13 (persons qualified to succeed tenant under an introductory
tenancy), in paragraph (a), after “spouse” insert “or civil partner”.
10
13
Article 14 (cases where tenant is a successor), in paragraph (2), after sub-
paragraph (c) insert—
“(d)
Part 2 of Schedule 15, or paragraph 9(2) or (3) of Schedule 17,
to the Civil Partnership Act 2004 (property adjustment orders
in connection with civil partnership proceedings or after
15
overseas dissolution of civil partnership, etc.),”.
14    (1)
Amend Article 15 (persons qualified to succeed tenant under an
introductory tenancy) as follows.
      (2)
In paragraph (2)(a), after “spouse” insert “or civil partner”.
      (3)
In paragraph (3)(a), after head (iv) insert—
20
“(v)
Part 2 of Schedule 15, or paragraph 9(2) or (3)
of Schedule 17, to the Civil Partnership Act
2004 (property adjustment orders in
connection with civil partnership proceedings
or after overseas dissolution of civil
25
partnership, etc.),”.
15
Article 16 (assignment in general prohibited), in paragraph (2)(a), after head
(iv) insert—
“(v)
Part 2 of Schedule 15, or paragraph 9(2) or (3)
of Schedule 17, to the Civil Partnership Act
30
2004 (property adjustment orders in
connection with civil partnership proceedings
or after overseas dissolution of civil
partnership, etc.),”.
16
In Article 28 (interpretation of Part 3), in the definition of “partner”—
35
(a)
after “spouse” (in both places) insert “or civil partner”, and
(b)
after “husband or wife” insert “or as if they were civil partners”.